1. Mike enters into a contract with his tax accountant, Andrew, to prepare his business tax return within four weeks of the end of the tax year. The contract provides that Andrew is to receive $1,500 for his work and specifies that time is of the essence. Three weeks after the end of the tax year, Andrew calls Mike saying that there may be delays in processing the tax return. He demands an extra $500 to make sure that the return is finished on time. Mike is hesitant but agrees. The tax return is finished on time and Mike receives his tax refund. He sends Andrew a cheque for $1,500. Andrew rings Mike to remind him about the extra $500 "as agreed" and says that if Mike refuses to pay, he will take legal action. Can Andrew insist on the $500?

2. Nigel is a partner in a medical practise that specialises in ear, nose and throat problems. One of his patients, Janine, is unilaterally deaf in her left ear. Nigel advises Janine that an operation on her left ear would restore her hearing to normal. Janine is thrilled about the possibility of restoring her hearing in her left ear so she agrees to have the surgery. After the surgery is performed, Janine loses feeling in the left side of her face, and is still not able to hear in her left ear. Nigel was aware that there was a very small chance of facial paralysis after ear surgery, but did not inform Janine of the risk, as it was quite rare. Janine is now very unhappy with her inability to feel or move the left side of her face, and she feels that Nigel is responsible for not letting her know of the risk of the operation.

Advise Janine whether Nigel owes her a duty of care. (PLEASE DO NOT DISCUSS OTHER ELEMENTS OF NEGLIGENCE - ONLY DISCUSS DUTY OF CARE.)